[Federal Register: January 25, 2005 (Volume 70, Number 15)]
[Notices]
[Page 3521-3522]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja05-17]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Request for Public Comments on a Commercial Availability Request
under the Caribbean Basin Trade Partnership Act (CBTPA)
January 19, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)
ACTION: Request for public comments concerning a request for a
determination that certain yarns, for use in chief-weight cotton
sweaters, cannot be supplied by the domestic industry in commercial
quantities in a timely manner under the CBTPA
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SUMMARY: On January 14, 2005 the Chairman of CITA received a petition
from Sandler, Travis & Rosenberg, P.A., on behalf of Outlast
Technology, Inc. of Boulder, CO and Bernette Textile Co, LLC of New
York, NY, alleging that certain colored open end spun yarns ranging in
size from 6/1 to 18/1 English count (10.16/1 to 30.47/1 metric) of a
blend of reclaimed and reprocessed cotton and not less than 35 percent
nor more than 49 percent by weight of Outlast licensed phase change
acrylic staple fibers produced under license from Outlast, for use in
chief weight cotton sweaters, cannot be supplied by the domestic
industry in commercial quantities in a timely manner. It requests that
such apparel made from such yarn be eligible for preferential treatment
under the CBTPA. This is a refiling of a previous petition regarding
the subject yarn. CITA hereby solicits
[[Page 3522]]
public comments on this request, in particular with regard to whether
such yarn can be supplied by the domestic industry in commercial
quantities in a timely manner. Comments must be submitted by February
9, 2005 to the Chairman, Committee for the Implementation of Textile
Agreements, Room 3001, United States Department of Commerce, 14th and
Constitution Avenue, N.W. Washington, D.C. 20230.
FOR FURTHER INFORMATION CONTACT: Shikha Bhatnagar, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3821.
SUPPLEMENTARY INFORMATION:
Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin
Economic Recovery Act, as added by Section 211(a) of the CBTPA;
Section 6 of Executive Order No. 13191 of January 17, 2001.
BACKGROUND:
The CBTPA provides for quota- and duty-free treatment for
qualifying textile and apparel products. Such treatment is generally
limited to products manufactured from yarns and fabrics formed in the
United States or a beneficiary country. The CBTPA also provides for
quota- and duty-free treatment for apparel articles that are both cut
(or knit-to-shape) and sewn or otherwise assembled in one or more CBTPA
beneficiary countries from fabric or yarn that is not formed in the
United States or a beneficiary country, if it has been determined that
such fabric or yarn cannot be supplied by the domestic industry in
commercial quantities in a timely manner. In Executive Order No. 13191,
the President delegated to CITA the authority to determine whether
yarns or fabrics cannot be supplied by the domestic industry in
commercial quantities in a timely manner under the CBTPA and directed
CITA to establish procedures to ensure appropriate public participation
in any such determination. On March 6, 2001, CITA published procedures
that it will follow in considering requests. (66 FR 13502).
On January 14, 2004, the Chairman of CITA received a petition from
Sandler, Travis & Rosenberg, P.A., on behalf of Outlast Technology,
Inc. of Boulder, CO and Bernette Textile Co, LLC of New York, NY,
alleging that certain colored open end spun yarns ranging in size from
6/1 to 18/1 English count (10.16/1 to 30.47/1 metric) of a blend of
reclaimed and reprocessed cotton and not less than 35 percent nor more
than 49 percent by weight of Outlast licensed phase change acrylic
staple fiber produced under license from Outlast, for use in chief
weight cotton sweaters, cannot be supplied by the domestic industry in
commercial quantities in a timely manner requesting quota- and duty-
free treatment under the CBTPA for apparel articles that are cut and
sewn in one or more CBTPA beneficiary countries from such yarns. The
petition contained the following yarn specifications.
Yarn Specifications:
HTS Subheadings: 5206.11.00.00, 5206.12.00.00
Description: Open end spun yarn
Size: 10 to 31 metric count
Fiber Content: In chief weight of cotton reclaimed from
fabric scraps mixed with not less than
35% nor more than 49% producer-dyed
acrylic staple produced under license
from Outlast Technologies, Inc.
CITA is soliciting public comments regarding this request,
particularly with respect to whether this yarn can be supplied by the
domestic industry in commercial quantities in a timely manner. Also
relevant is whether other yarns that are supplied by the domestic
industry in commercial quantities in a timely manner are substitutable
for these yarns for purposes of the intended use. Comments must be
received no later than February 9, 2005. Interested persons are invited
to submit six copies of such comments or information to the Chairman,
Committee for the Implementation of Textile Agreements, room 3100, U.S.
Department of Commerce, 14th and Constitution Avenue, N.W., Washington,
DC 20230.
If a comment alleges that this yarn can be supplied by the domestic
industry in commercial quantities in a timely manner, CITA will closely
review any supporting documentation, such as a signed statement by a
manufacturer of the yarns stating that it produces the yarns that are
the subject of the request, including the quantities that can be
supplied and the time necessary to fill an order, as well as any
relevant information regarding past production.
CITA will protect any business confidential information that is
marked business confidential from disclosure to the full extent
permitted by law. CITA will make available to the public non-
confidential versions of the request and non-confidential versions of
any public comments received with respect to a request in room 3100 in
the Herbert Hoover Building, 14th and Constitution Avenue, N.W.,
Washington, DC 20230. Persons submitting comments on a request are
encouraged to include a non-confidential version and a non-confidential
summary.
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.05-1437 Filed 1-21-05; 2:24 pm]